Sanford v. . Brown Brothers Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1911, affirming a judgment in favor of plaintiff entered upon a verdict.. Defendant is a domestic corporation engaged in the nursery business in the vicinity of the city of Rochester, and in 1902 and for some years prior thereto one Alonzo J. Williams, a neighbor of the plaintiff, was the agent of the defendant in Warwick.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1911, affirming a judgment in favor of plaintiff entered upon a verdict.. Defendant is a domestic corporation engaged in the nursery business in the vicinity of the city of Rochester, and in 1902 and for some years prior thereto one Alonzo J. Williams, a neighbor of the plaintiff, was the agent of the defendant in Warwick. The plaintiff is the owner of a farm in Warwick, Orange county. Early in the year 1902 the plaintiff concluded to devote about twenty-five acres of…
1Opinion of the CourtHogan, J.
It is alleged by counsel for appellant that the language used in the contract, “Any stock which does not prove to be true to name as labeled is to be replaced free, or purchase price refunded,” should he construed as a limited liability on the part of the defendant for any damage resulting under the contract. In support of the reasonableness of such construction stress was laid'upon the absence of fraud or misrepresentation in the sale; that in view of the price the trees, which were two years old, substantially all budded, were sold, 8% cents each, out of which defendant paid the expense of…
2Cases cited3 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Schoellkopf v. . CoatsworthNew York Court of Appeals · 1901
3Cited by21 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Wigand v. . Bachmann-Bechtel Brewing Co.New York Court of Appeals · 1918
- Feeney & Bremer Co. v. StoneOregon Supreme Court · 1918
- Tibbetts Contracting Corp. v. O & E Contracting Co.New York Court of Appeals · 1965
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